Asif Ali Zardari

Lord Lamont of Lerwick: asked Her Majesty's Government:
	Further to the Written Answer by Baroness Amos on 6 November (WA 103), whether they will raise the question of the continuing detention without trial of Asif Ali Zardari.

Baroness Amos: We are aware that there are a number of cases in the Pakistani domestic courts outstanding against Mr Zardari and that some of them have been brought to trial. We and our EU partners regularly engage with the Pakistani authorities on a wide range of human rights issues, including issues relating to detention and, where appropriate, in relation to specific cases. We have not engaged with the Pakistani authorities on Mr Zardari's case and are not aware of any grounds to do so.

Iraq

Lord Moynihan: asked Her Majesty's Government:
	Further to the Written Answer by Baroness Symons of Vernham Dean on 4 November (WA 53), whether they have evidence to suggest that an attack by Iraq is imminent.

Baroness Amos: The Iraqi regime's weapons of mass destruction, and their proven willingness to use them, threatens the entire international community. We have never suggested that an Iraqi attack is imminent. But we cannot wait while Iraq seeks ever more powerful weaopnry. The United Nations Security Council, through its unanimous adoption of Resolution 1441, has served notice on the Iraqi regime that it must now give up those weapons or face serious consequences.

Murder: Sentencing

Lord Evans of Temple Guiting: asked Her Majesty's Government:
	What plans they have in relation to tariff-setting arrangements for those convicted of murder.

Lord Falconer of Thoroton: The House of Lords has made decisions today in two cases that deal with the arrangements for the sentencing of adults convicted of murder. These judgments concern matters of fundamental significance for the criminal justice system and the role of Parliament and Ministers in formulating policy on the provision of adequate punishment for the quality and the protection of the public.
	In the case of Pyrah and Lichniak, the House of Lords has confirmed that the mandatory life sentence of murder is compatible with the rights protected by the European Convention on Human Rights. This sentence will remain in place.
	The case of Anderson deals with the Home Secretary's power to set the tariff or minimum period a convicted murderer must remain in custody until he becomes eligible for release. This power has ensured ministerial accountability to Parliament within the criminal justice system for the punishment imposed for the most heinous and serious of crimes. When Parliament took its decision to abolish the death penalty for murder, this was the framework with which it was replaced. The House of Lords has not ruled that the Home Secretary's power is unlawful. All existing tariffs therefore stand. The House of Lords has declared instead that the Home Secretary's power to set tariffs for those convicted of murder is incompatible with the European Convention on Human Rights. The existing law and tariffs set according to it therefore remain until new legislation is in place.
	The judgment will affect only the issue of who sets the tariff in each case. As is proper in a democracy, Parliament will continue to retain the paramount role of setting a clear framework within which the minimum period to be served will be established. The Government determined that there should continue to be accountability to Parliament for these most critical decisions. This is fundamental to our democracy and to the maintenance of confidence in the criminal justice system.
	We need to study the judgment carefully before finalising our proposals, but we intend to legislate this Session to establish a clear set of principles within which the courts will fix tariffs in the future. These principles will be debated and agreed by both Houses of Parliament, and in setting a tariff, the judge will be required, in open court, to give reasons if the term being imposed departs from those principles. The Attorney-General already has powers in relation to unduly lenient sentences and it will be open to him to challenge any tariff which he does not consider to be consistent with these principles.
	These principles will set a framework within which judicial discretion, which is an essential feature of sentencing, will operate. They will be robust and comprehensive. We envisage that they will comprise a statement of the major guiding principles followed by a series of clear messages about the tariffs Parliament expects to be imposed for different categories of murder. The principles will provide entry points for particular categories of murder, which would be adjusted up or down in line with specified aggravating and mitigating factors. The principles will set out that for the most serious crimes—such as the sexual, sadistic murder of children—life should mean life. The principles will incorporate the same aggravating factors upon which previous Home Secretaries and the present one have based our decisions. These factors will include murder committed in the course of armed robbery or the murder of prison or police officers in the course of their duty as set out to Parliament by Leon Brittan in 1983. In the case of existing tariffs, these arrangements will ensure that any judicial reconsideration is on the basis of this same set of principles.
	We believe that coupled with the new arrangements for the determination of release of mandatory life prisoners by the Parole Board, under which the Home Secretary will have an opportunity to make representations on the impact of any future offending by the prisoner concerned, the provisions outlined will amount to a sensible and secure scheme for the management of life sentences generally. The new scheme will be compatible with our human rights obligations and will also ensure that Parliament has established the framework for dealing with the most dangerous and evil people in our society.

Clandestine Entrants: Cross-Channel Ferry

Earl Attlee: asked Her Majesty's Government:
	Whether any combination of checks and tests carried out on goods vehicles prior to embarkation on cross-Channel ferry can be reasonably certain of detecting clandestine entrants.

Lord Filkin: The United Kingdom (UK) Government are seeking to deploy a variety of detection technologies to screen UK-bound freight at key European feeder ports and are currently installing equipment in Calais. The Immigration Service uses several types of equipment to detect clandestine entrants concealed in freight vehicles, each having its own particular strengths and weaknesses in terms of speed of use and effectiveness. By deploying a variety of technologies, including heartbeat detectors, passive millimetric wave imagers and CO 2 detectors, backed up by visual searches, search teams will be able to screen vehicles with the technology most suited to the type and level of traffic using the port while avoiding excessive delays to embarking vehicles.
	The effectiveness of the technology will depend to a large extent on the skills of the search teams using the equipment, but full training will be provided by the UK Government and the results will be evaluated.
	Controlled operational trials have confirmed that the technology and search systems that the Immigration Service is introducing are effective in detecting clandestine entrants. However, we have not reached the stage where we can be confident of detecting 100 per cent of people concealed in lorries. The checks being introduced are intended to supplement security measures adopted by vehicle drivers and port operators, not replace them.

Home Office Consultants

Baroness Anelay of St Johns: asked Her Majesty's Government:
	What was the total expenditure incurred by the Home Office on work carried out by consultants during the financial years 1997-98, 1998-99, 1999-2000, 2000-1 and 2001-02.

Lord Filkin: The available information held by the Home Office on total expenditure incurred by the department for work carried out by consultants during the financial years 1997-98, 1998-99, 1999-2000, 2000-01 and 2001-02 is as follows:
	
		
			 1997-98 1998-99 1999-2000 2000-01 2001-02 
			 £7,627,016 £4,588,445 £10,302,672 £27,877,286 £21,147,058 
		
	
	The increase in expenditure on consultancy in 2000-01 is primarily due to costs incurred on the Home Office modernisation programme, in particular information technology (IT) related consultancy.
	The high spend figures for 2001-02 include the cost of setting up the National Probation Directorate and various consultancies on IT business change.
	lynne

Portable Water Pumps: Armed Forces

Earl Attlee: asked Her Majesty's Government:
	Whether they will list the numbers and pumping capacity of all portable, transportable or towable pumps held in the inventory of the Royal Engineers; and
	Whether they will list the numbers and pumping capacity of all portable, transportable or towable pumps held in depot for land use by the Defence Logistic Organisation.

Lord Bach: It is assumed that the Questions relate to water pumps. The Defence Logistic Organisation manages this equipment on behalf of all land units, including the Royal Engineers (RE). The information is set out in the table below.
	
		
			 Type of pump Qty held in depot Qty held by Royal Engineer units Pumping capacity 
			 NBC water purification units  (source) 33 40 11,100 L/hr 
			 (2,442 gal/hr) 
			 NBC water purification units  (distribution) 33 40 11,100 L/hr 
			 (2,442 gal/hr) 
			 NBC decontamination system 8 0 4,200 L/hr 
			 (924 gal/hr) 
			 Various pumpsets 79 224 6,800-216,026 
			 L/min (1,500- 
			 47,520 gal/min) 
			 Towed bowser 32 0 315 L/min 
			 (70 gal/min) 
			 Cutting tool water supply 0 3 N/A 
			 Hydraulic pumpset 18 42 950 L/min (210 gal/min) 
			 Various fire pumps 4 0 1,000-1,600 L/min 
			 Various water hand pumps 117 0 863-6,819 L/hr (190-1,500 gal/hr)

Portable Water Pumps: Armed Forces

Earl Attlee: asked Her Majesty's Government:
	Whether they will list the numbers and pumping capacity of all portable, transportable or towable pumps held in depot for the use of the Royal Navy by the Defence Logistic Organisation.

Lord Bach: Details of portable, transportable and towable pumps currently held in store for use by the Royal Navy are shown in the table below.
	
		
			 Type of Pump Pumping Capacity Number held 
			 Godiva GN1700  diesel fire pump 100,000 litres/hr  (21,978 gallons/hr) 4 
			 Godiva GN500  diesel fire pump 33,000 litre/hr  (7,253 gallons/hr) 1 
			 Desmi/Lombardini  diesel fire pump 100,000 litres/hr  (21,978 gallons/hr) 1

Portable Water Pumps: Armed Forces

Earl Attlee: asked Her Majesty's Government:
	Whether there is anything preventing the Royal Engineers from hiring portable pumps from normal civilian plant hire companies in order to deal with flooding incidents normally dealt with by local fire brigades.

Lord Bach: There is nothing to prevent the hire of pumping equipment should the Armed Forces have a requirement for it. It is, however, the responsibility of local authorities to take action in response to flooding. They can call on the emergency services, and in some cases the Armed Forces, for assistance where appropriate. During the period of the recent 48-hour national firemen's strike, Green Goddess fire engines manned by the Armed Forces could have replicated assistance normally provided by fire brigades to the local authorities had it been required to save life. There was no requirement for the Armed Forces to hire pumping equipment because the Green Goddesses are equipped with capable pumps.

Portable Water Pumps: Armed Forces

Earl Attlee: asked Her Majesty's Government:
	How the complexity of an Army 6 x 6 heavy recovery vehicle compares with a modern fire appliance; and what is the duration of a Territorial Army class three recovery mechanic course at the Army's School of Electrical and Mechanical Engineering.

Lord Bach: As these are two very different vehicles, designed to do very different tasks, it is not possible to compare them like for like with regard to the complexity. An Army recovery vehicle is designed to recover broken-down vehicles (ranging from a Land-Rover to a tank transporter) in a variety of off and on road situations. Fire appliances are designed for a number of situations, including for example rapid intervention vehicles for airfield work.
	A REME Territorial Army recovery mechanic receives two weeks' initial training to qualify as a class 3 tradesman. All class 3 personnel are subject to close supervision, however, until they have attended a class 2 course (also two weeks). A year must pass between the two courses, this time being spent doing on the job training.

Broadband

Lord Lucas: asked Her Majesty's Government:
	Whether they will make any of the radio spectrum around 2 GHz avilable for rural broadband.

Lord Sainsbury of Turville: Access to radio spectrum in the 2 GHz band for broadband has always been seriously constrained as a result of other users. Access has been so constrained that it was previously available only for radio fixed access at low data rates in some remote rural areas and no services were ever provided by those offered licences.
	Recent changes have made it even more difficult for broadbank provision in this band and it is no longer appropriate to make available any radio spectrum for broadband in the 2 GHz band. lynne

Foot and Mouth Disease Disposal Sites

Lord Inglewood: asked Her Majesty's Government:
	Whether following the foot and mouth outbreak in 2001 in Cumbria the county council, the environmental health departments, the Environment Agency and the Department for Environment, Food and Rural Affairs should jointly consider what might be done to map where materials are buried and where necessary to address any safety issues that may emerge.

Lord Whitty: Defra holds centralised databases relating to the 2001 foot and mouth outbreak of all sites where materials are known to have been buried during the cleansing and disinfection operations and of those where either animal carcases or ash resulting from pyres are buried. The databases are supported by detailed files held in local animal health divisional offices.
	Defra is in the process of letting a tender to rank by risk all the sites with buried material derived from cleansing and disinfection in order to identify where further investigation and/or remedial action is needed for the protection of the environment and human health. The Environment Agency will be involved in agreeing the results of the risk assessment for these sites.
	Defra is also in the process of letting a second tender, to review existing risk assessments at all carcass and ash burial sites and, where necessary, to undertake further site-specific risk assessments, in order to meet statutory obligations under the Groundwater Regulations 1998. In addition, the department is monitoring, through contracted environmental consultants, the quality of controlled water in the vicinity of 60 FMD disposal sites. As a separate exercise, the Environment Agency is in the process of visiting all sites that were granted an authorisation under the Groundwater Regulations for the burial of carcasses or ash during the outbreak as part of the review process necessary for groundwater authorisations.

Farmers' Markets

Lord Beaumont of Whitley: asked Her Majesty's Government:
	Whether they will take steps to ensure the future of the National Association of Farmers' Markets.

Lord Whitty: The Government very much welcome the development of farmers markets and the benefits they bring and recognise the important role the National Association of Farmers' Markets (NAFM) plays in publicising markets and assuring standards. The Countryside Agency has supported NAFM with funding of £110,000, which covered administrative and staffing start-up costs. We will continue to support NAFM where we can, but further core funding would fall foul of state aid rules which require such funding to be time-limited and degressive.
	The Countryside Agency is funding a business plan review for NAFM and is working closely with the organisation to put together a future funding strategy. There are also project funds available under the England Rural Development Programme (ERDP) and the Agricultural Development Scheme (ADS). Both schemes are competitive and therefore offer no guarantee that a NAFM application would be successful, but they do offer the chance of continuing financial support, which would be compatible with state aid rules. lynne

Animal Disease: Closure of Footpaths

Lord Inglewood: asked Her Majesty's Government:
	Whether they believe that in any future disease outbreak leading to any general legal declaration covering the closure of footpaths or land by county councils such a declaration should be made on a strictly time-limited basis, for example 28 days.

Lord Whitty: The Government do not intend to empower local authorities to close footpaths or land by means of a general legal declaration in a future outbreak of animal disease. The Government's published contingency plan for foot and mouth disease makes clear that local authorities will be empowered to close rights of way within infected areas only in circumstances similar to the 2001 outbreak when veterinary advice is that closures would generally only be justifiable within 3km of an infected farm. In these circumstances it would not be appropriate to set a 28-day time limit. The re-opening of rights of way will follow on from the lifting of restrictions on the infected farm and those within the 3km zone.

Transport and Environmental Policy

Lord Harrison: asked Her Majesty's Government:
	How successful the blending of environmental policy with European Union transport policy, as heralded by Her Majesty's Government at the 1998 Cardiff Council, has been; and what European Union environmental targets in the transport sector have subsequently been set and implemented.

Lord Whitty: The Government continue to support strongly the integration of environmental and sustainable development considerations into European Union transport policy. The European Union Transport Council has adopted one of the furthest reaching of the integration strategies developed since the 1998 Cardiff European Council. This was recognised by a report for DETR in 2001 by the Institute for European Environmental Policy. Ensuring sustainable transport also featured as one of the four priority areas in the sustainable development strategy adopted by the European Council at Goiteborg in June 2001.
	Since the Cardiff Council a range of European Union targets affecting the transport sector have been agreed. These include air quality standards set under the Air Quality Framework Directive; vehicle emission standards; fuel quality standards; and the voluntary agreement on reducing CO 2 emissions from passenger vehicles. Additionally, the Transport and Environment Reporting Mechanism (TERM)—an annual indicator-based report—has been established by the European Union to enable policy-makers to gauge the progress of their integration policies. lynne

Small Water Bodies: Conservation

Baroness Hilton of Eggardon: asked Her Majesty's Government:
	Why a habitat action plan (HAP) for ponds is not being prepared since ponds meet the criteria for priority habitats under the UK Biodiversity Action Plan.

Lord Whitty: The views of the country biodiversity groups for England, Scotland and Wales and the Northern Ireland Executive on the production of new HAPs for ponds of high ecological quality and other habitat types were presented to the standing committee of the UK Biodiversity Partnership in September 2002. The committee accepted the scientific case for them as priority habitats but agreed to postpone the addition of any new HAPs under the UK Biodiversity Action Plan until a full review of existing plans has been carried out in 2005.

Small Water Bodies: Conservation

Baroness Hilton of Eggardon: asked Her Majesty's Government:
	How they intend to ensure that the conservation of small water bodies is adequately addressed in the forthcoming Biodiversity Strategy for England.

Lord Whitty: The Government's Biodiversity Strategy for England was published on 24 October and is in the Libraries of both Houses. The strategy sets out a range of measures which will benefit water and wetland biodiversity as a whole, including that of small water bodies.
	With specific regard to the conservation of small water bodies, the strategy makes a commitment to promote pond conservation measures through agri-environment schemes and by increasing recognition of local biodiversity action plans in the land use planning system through the proposed revision of Planning Policy Guidance 9. It makes a further commitment to consider preparation of habitat action plans for ponds and other water and wetland habitat types following the review of existing habitat action plans in 2005.

State Pension Uprating for British Subjects Resident in Former Yugoslavia

Earl Russell: asked Her Majesty's Government:
	How and when it came about that British subjects resident in former Yugoslavia are entitled to annual uprating of their state pensions while British subjects resident in Canada are not; and what is the logical principle which justifies the difference between the treatment of British subjects to former Yugoslavia and those in Canada.

Baroness Hollis of Heigham: UK state pensions are uprated for pensioners living in the former Federal People's Republic of Yugoslavia under the bilateral social security agreement with that country which has been in force since 1958. Following the break up of the former Yugoslavia, the agreement has continued to be applied to the now separate independent republics: the Federal Republic of Yugoslavia (Serbia-Montenegro); Bosnia-Herzegovina; Croatia; Slovenia and the former Yugoslav Republic of Macedonia. The agreement provides that where a person would be entitled to a benefit which is covered by the agreement while in or resident in one country, it shall be payable to that person while he or she is in or resident in the territory of the other. This would include any annual uprating of benefits.
	The UK has a social security arrangement with Canada, which first came into operation in 1960. It is limited in scope and is not reciprocal. Its provisions are limited soley to helping people coming to the UK from Canada to qualify for UK benefits by allowing periods of residence in Canada to be treated as periods when UK contributions had been paid in claims for UK benefits made after arrival here. It does not allow for the payment of Canadian benefits to former Canadian residents living in the UK or to former UK residents now living in Canada.
	The difference in treatment is therefore based on the terms of agreement entered into between the respective governments.

Nannies

Lord Laird: asked Her Majesty's Government:
	What proposals they have to ensure that professional domestic nannies are qualified; and whether their details are held on a central register.

Baroness Ashton of Upholland: There is no requirement for compulsory registration for nannies or checks on their qualifications, but we keep these issues under review.

London City Bond Prosecutions

Lord Peston: asked Her Majesty's Government:
	What steps they propose to take in response to the circumstances that led to the prosecution today offering no evidence against 15 defendants currently standing trial at Liverpool Crown Court on charges of cheating the revenue of excise duty.

Lord Goldsmith: With the agreement of the Economic Secretary to the Treasury as the Minister responsible for HM Customs and Excise, I can confirm that in the light of the circumstances that led to the prosecution offering no further evidence in a series of linked prosecutions relating to London City Bond currently being heard at Liverpool Crown Court, the Economic Secretary to the Treasury and I will be asking a High Court judge:
	to consider the circumstances that led to the termination of those cases and having regard to changes in relevant procedures and guidelines and to changes in practice within HM Customs and Excise that have taken effect since 1995;
	to review the practices of HM Customs and Excise in the recording, retention, revelation and disclosure of material which may be relevant to the prosecution of its criminal cases and in respect of HM Customs and Excise criminal investigations; and
	to review current compliance with best practice in the use of investigation techniques and the management and control of cases to the extent these are relevant to the discharge of the prosecution's obligations in any subsequent criminal proceedings.
	The full terms of reference for the review are below and a copy of the statement made by prosecuting counsel in court will be placed in the Libraries of both Houses.
	Richard Broadbent, chairman of HM Customs and Excise, has welcomed the setting up of the review. Review of Current Practices and Procedures Relating to Disclosure, Associated Investigation Techniques and Case Management in HM Customs and Excise's Criminal Cases Terms of Reference
	To consider the circumstances that led to the termination of the LCB cases heard by Grigson J in Liverpool Crown Court and the lessons to be learnt from those circumstances.
	And, having regard to changes in the law or practice as indicated below, changes in relevant procedures and guidelines and to changes in practice within HM Customs and Excise that have taken effect since 1995:
	To review the practices of HM Customs and Excise in the recording, retention, revelation and disclosure of material which may be relevant to the prosecution of its criminal cases.
	In respect of HM Customs and Excise criminal investigations, to review current compliance with best practice in the use of investigation techniques (e.g. the classification and handling of individuals providing information) and the management and control of cases to the extent these are relevant to the discharge of the prosecution's obligations in any subsequent criminal proceedings.
	To make recommendations.
	The review will be conducted by a High Court Judge. Scope of the review
	The review:
	Will have regard to the relevant statutory framework (such as the Criminal Procedure and Investigations Act 1996 and the Regulation of Investigatory Powers Act 2000), the Attorney General's Guidelines on disclosure, relevant legal precedent and best practice.
	Will focus on current departmental provisions and practice while having regard to the conduct of past cases and lessons to be learnt from them insofar as not already incorporated in current practice; and
	Will examine the parts that should be played by officers, solicitors and counsel in the preparation for and the presentation of cases for court and in the disclosure process.
	The review will report to the Economic Secretary to the Treasury, as the Minister responsible for HM Customs and Excise and to the Attorney General.
	The review will have unrestricted access to HM Customs and Excise staff, papers and facilities. It is being asked to report not later than June 2003. A summary of the report and its recommendations will be laid before Parliament.

Policing in Northern Ireland

Baroness Hilton of Eggardon: asked Her Majesty's Government:
	What progress they have made on the review of policing arrangements in Northern Ireland.

Lord Williams of Mostyn: My right honourable friend the Secretary of State for Northern Ireland made a Statement this afternoon in another place. A copy of his Statement has been placed in the Library of the House.

Fire Dispute: Railway Station Lifts

Lord Berkeley: asked Her Majesty's Government:
	On whose recommendation passenger lifts at most surface railways stations were closed to passengers but still available to railway staff because of the strike by firefighters starting 13 November; what risk assessment was made of the dangers to life caused by a defective lift compared with a railway or road accident; and, if the lifts were considered unsafe for passengers without the immediate availability of national fire crews, whether the railway employers were complying with their duties under health and safety legislation by allowing their own staff to use the lifts.

Lord Macdonald of Tradeston: Some surface station operators closed lifts as part of their mitigation measures during the period of the fire brigades' strike. Any such decision is a matter for the station operating company as the health and safety dutyholder.
	A variety of risk assessments were completed by the rail industry prior to the strike, including considering the failure of station lifts. Railway safety assessments considered that the risk of ceasing rail operations and forcing rail traffic onto the roads would present a significantly greater risk than putting into place identified mitigation measures.
	Mitigation measures in relation to lifts included emergency procedures for manual winding of the lift and calling out lift engineers, staff accompanying passengers using lifts and restricting lift use. If a station operator decided to close its lifts to passengers but make them available to staff, it would have needed to have assessed the risks of this under normal employee health and safety legislation, but the Health and Safety Executive's HM Railway Inspectorate is not aware of widespread use of any such "closed" lifts by railway staff.